If you believe your dismissal was not based on fair reasons or the employer did not follow the dismissal procedure set out in South Africa’s employment laws, your dismissal may have been unfair.
Below are the steps that you should follow:
1. If you belong to one, you may approach your union for assistance or refer the matter to the Commission for Conciliation, Mediation and Arbitration (the CCMA).
2. If you refer the case to the CCMA, you must complete an LRA Form 7.11. This form is available at the CCMA’s offices or can be completed and submitted on the CCMA’s website.
3. You must submit the LRA Form 7.11 and refer the case within 30 days of the date of dismissal.
4. If you refer the case outside the 30-day period, you will have to provide good reasons why the referral is late – the CCMA could refuse to assist you.
5. Once you have referred your case, the CCMA will provide you and the employer with a date for conciliation – no legal assistance is allowed during the conciliation process.
6. If the conciliation process fails, your next step would be to refer the matter to Arbitration within 90 days by completing LRA Form 7.13 and submitting it to the CCMA – legal assistance is allowed in arbitration proceedings.
